Storma v. Wippich
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Shawano county: Edgar V. Werner, Circuit Judge. Assault and battery. The parties are brother and sister. The plaintiff came to the defendant’s house May 1, 1918, and became involved in a violent dispute with the defendant concerning the care of their aged father, who was living with the defendant.
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Appeal from a judgment of the circuit court for Shawano county: Edgar V. Werner, Circuit Judge. Assault and battery. The parties are brother and sister. The plaintiff came to the defendant’s house May 1, 1918, and became involved in a violent dispute with the defendant concerning the care of their aged father, who was living with the defendant. Plaintiff claims that the defendant without cause grabbed her and dragged her out of the house, struck her, and pushed her off from the porch. The defendant admitted that he slapped or struck the plaintiff, but claimed that he only acted in…
1Opinion of the Court
Winslow, C. J..
The issue in this case at the close of the. evidence was very simple. The plaintiff claimed that the *190defendant struck and seriously injured her without provocation ; the defendant, while admitting that he struck the plaintiff, claimed that his act was in rightful self-defense. The defendant’s claim as set forth in his answer, that he used sufficient force only to remove the plaintiff from his father’s sick-room, practically dropped out of the case because the plaintiff’s claim to recover was based entirely on a blow or blows which were not any part of the alleged removal from…
2Cases cited2 opinions
- Carle v. NelsonWisconsin Supreme Court · 1911
- Monson v. LewisWisconsin Supreme Court · 1905
3Cited by1 opinion
- Wirsing v. KrzeminskiWisconsin Supreme Court · 1973